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  • Accident Benefits

    Payment made by an automobile insurance company to persons injured in an automobile accident. In Ontario, accident benefits can be claimed by any personal injury victim regardless of who is to blame for the accident (no-fault benefits).

    The benefits you may be entitled to come in many forms and are sometimes known by different names. These can include:

    • Attendant Care Benefits
    • Caregiver Benefits
    • Collateral Benefits
    • Death and Funeral Benefits
    • First Party Benefits
    • Housekeeping and Home Maintenance Benefits
    • Income Replacement Benefits (IRB)
    • Lost Education Expenses Benefits
    • Medical Benefits
    • No-Fault Accident Benefits
    • Non-Earner Benefits
    • Optional Benefits
    • Rehabilitation Benefits

    To receive accident benefits from your insurance company you will be required to fill out numerous forms that are available on the Financial Services Commission of Ontario website. Please note that claims for certain accident benefits must be made within 7 days to your Accident Benefits insurance company.

    If you require assistance filling out the forms or if your insurance company is denying your claim, contact The Morris Law Group’s Personal Injury Lawyers today.

  • Accident Benefits Consultant

    Licensed paralegals who are experts at guiding clients through the accident benefit process. Accident Benefits Consultants (ABCs) take the burden off of clients by acting as front-line advocates while providing day-to-day assistance and information to ease the process and to make sure that everything possible is done to allow clients to access all of the benefits that they are entitled to receive.

    Learn more about the benefits of working with Accident Benefits Consultants at The Morris Law Group.

  • Adjuster

    A licensed professional who investigates insurance claims. Adjusters at insurance companies serve as the primary point of contact for claimants and examine cases to determine the extent of liability.

    It is important to consult an experienced personal injury lawyer prior to speaking with an adjuster to ensure that you receive the compensation you deserve.

  • Automobile Insurance Claims

    Insurance claims relating to automobile accidents. The Financial Services Commission of Ontario (FSCO) publishes a list of standard Auto Insurance Claims Forms (OCF Forms) that must be competed in order to make automobile insurance claims in Ontario.

    Once a claim is submitted, it is reviewed by an adjuster. Any disputes that arise can lead to litigation.

    It is important to speak with an experienced personal injury lawyer prior to completing any claims to ensure that you receive the compensation you deserve. If you already completed the forms and have been denied by your insurance company, contact us today. 

  • Brain Injury

    Damage to the brain caused by one or more issues either before birth (from congenital or degenerative disorders) or after birth, sometimes called an acquired brain injury (ABI). ABIs are divided between those caused by external traumas (e.g., automobile accident, medical malpractice) or non-external factors (e.g., stroke).

    Traumatic brain injuries (TBI) can range in severity from mild (a.k.a., concussions) to much more severe injuries that can be fatal. TBI victims are often measured against one or more scales such as the Glasgow Coma Scale (GCS), the Glasgow Outcome Scale (GOS), or the Rancho Los Amigos Scale (RLAS) to help determine the extent of their injury and the prospect for recovery.

    Victims of brain injuries often face many hurdles and may suffer from amnesia, aphasia, nausea, dizziness, or impairment to their cognitive abilities. These injuries can result in the inability to work causing financial stress on your household, emotional strains on relationships with family and friends, and an overall decrease in quality of life.

    If you or a loved one is experiencing any these hardships, do not hesitate. Call an experienced personal injury lawyer for more information on how we can help. 

  • Catastrophic Impairment

    A designation for serious impairment caused by catastrophic personal injuries that includes quadriplegia, paraplegia, amputation, loss of vision, largescale physical impairment, and traumatic brain injuries, among others. Victims are determined to be catastrophically impaired are entitled to additional accident benefits.

  • Claimant

    See Plaintiff.

  • Compensation

    See Damages.

  • Contingency Fee

    Payment to a personal injury lawyer only in the event of a favourable result. It is made up of a percentage of the eventual settlement as determined by a retainer agreement signed between the injured victim and their personal injury lawyer(s). Contingency fee agreements are the most common legal fee agreement used by personal injury law firms in Ontario, including The Morris Law Group.

    The benefit of contingency fee agreements is that they allow injury victims who cannot afford to pay upfront legal or out-of-pocket medical fees the same opportunity to seek justice for their injuries starting with a free no-obligation consultation all the way to a positive resolution.

  • Damages

    Financial compensation sought by an injury victim following an accident. Compensation comes in many forms and can include general damages for pain and suffering as well as future damages for lost income and ongoing medical and rehabilitation expenses.

    Injury victims (plaintiffs) work with accident benefit consultants and personal injury lawyers to ensure that they receive fair compensation following an accident.

  • Deductible

    A sum of money that is deducted from an insurance payout. Depending on the nature of the claim and payout, the deductible amount is determined by a clause in the specific insurance policy or by applicable tort laws.

  • Defendant

    The party responding to a lawsuit initiated by a plaintiff. The defendant can be a person, company, organization, insurance company, or a combination.

  • Dependant

    Someone who relies on another person for support, often financial support. This most frequently refers to children under the age of majority but can also include other persons such as people with mentor or physical impairment.

  • Insurance Claim

    When you are involved in an automobile accident you must contact your insurance company, within seven days. Not filing a claim within this time limit may affect the outcome of your benefits.

    If you have been injured in an automobile accident, your first step is to obtain medical attention. We then highly recommend you contact a personal injury lawyer as soon as possible.

  • Insurance Company

    A company that offers insurance policies that provide clients with indemnity against possible future events.

    When a personal injury victim makes an insurance claim following an accident, their insurance company (represented by an adjuster) may conduct an examination to determine what damages they will provide.

    In personal injury law, insurance companies often serve as the defendant when they are unwilling to pay compensation through damages to the plaintiff.

  • Liability

    Legal obligation. In personal injury law, liability represents the responsibility of the at-fault party for injuries sustained by an injury victim (or victims). 

  • Limitation Period

    A time limit for taking legal action that is governed by a statute of limitations. In personal injury law, there is a limitation period for making a statement of claim, after which time a claim cannot be made. These deadlines require you to:

    • report an accident to your insurance company (or to the insurer of the vehicle in the accident) within 7 days of the accident;
    • complete and submit your accident benefits application within 30 days of the accident;
    • contact the at-fault driver that you intend to sue within 120 days of the accident; and,
    • file a lawsuit against the at-fault driver within 2 years of the accident.

    These strict deadlines make it even more urgent for victims to contact an experienced personal injury lawyer without delay.

  • Litigation

    The process where a plaintiff files a lawsuit against a defendant. Litigation often ends in a settlement but can in some cases go to trial.

  • Long-Term Disability (LTD)

    Learn more about how The Morris Law Group can help you with your disability claims.

  • Malpractice

    Improper behaviour or unethical conduct by a professional. In personal injury law, this commonly refers to medical malpractice: a form of professional malpractice involving improper behaviour or negligence by a medical professional (e.g., doctor, nurse, pharmacist, dentist, etc.) that results in an injury.

  • Mediation & Arbitration

    Alternative dispute resolution (ADR) methods that are generally less adversarial, costly and time-consuming than litigation.

    In mediation, a neutral third-party mediator facilitates a resolution between opposing parties without imposing a final decision.

    In arbitration, a neutral third-party arbitrator facilitates a resolution between opposing parties by making a binding final decision. Participation in arbitration is usually voluntary for both parties.

  • Negligence

    A tort resulting from a failure to provide a reasonable standard of care causing damage or injury.

    Negligence by a professional in the performance of their work or duties is called malpractice.

  • No-Fault Insurance

    Insurance that indemnifies victims regardless of whether or not they were responsible for the accident. In Ontario law, all automobile insurance is no-fault insurance.

  • Personal Injury Law

    The area of law that deals with the ramifications of personal injuries. These can be caused by automobile accidents, child injuries, disability claims, dog bites and animal attacks, head, neck and back injuries, malpractice, and slips and falls, among others. Personal injury law refers to recovering compensation following the violation of tort law.

    At a personal injury law firm, service for injury victims and their families is typically provided by a personal injury team comprised of a lawyer (sometimes called an attorney or barrister), an accident benefits consultant or paralegal, and, at firms like The Morris Law Group, a licensed healthcare professional.

  • Plaintiff

    The person who initiates a lawsuit against a defendant. In personal injury law, this is generally the injured victim who is seeking damages.

    The term ‘plaintiff’ is generally considered to be synonymous with ‘claimant’.

  • Settlement

    The resolution of a legal dispute between parties (a plaintiff and a defendant), often involving the payment damages. This can either be negotiated and agreed to by the disputing parties (possibly through mediation or arbitration) or occur as the result of a trial

  • Statement of Claim

    The document issued by the plaintiff that begins a lawsuit. In it, the injury victim (the plaintiff) and their personal injury lawyer state their case against a defendant and claim damages. It describes the events associated with the injury and the resultant injuries themselves. The statement of claim is typically countered by a statement of defence.

  • Statement of Defence

    The document issued by the defendant that responds to the statement of claim. In it, the defendant’s lawyer typically disagrees with the statement of claim and denies the alleged damages claimed by the plaintiff

  • Threshold

    In Ontario law, a level of severity that a personal injury must exceed for a victim to be eligible for pain and suffering damages in a tort claim. A case can only proceed if an injury exceeds the threshold and a set minimum deductible.

  • Tort

    An act that causes injury or damage, either deliberately, due to negligence, or unintentionally (e.g., automobile accidents, premises liability, medical malpractice, wrongful death, dog bites, or defective products). Tort law covers these types of actions and any resulting liability

  • Trial

    A hearing in a court of law to determine the outcome of a dispute between respective parties. It is a possible final step in litigation proceedings that is uncommon in personal injury law; they typically only occur if the plaintiff and the defendant are unable to reach a settlement on their own.

  • Wrongful Death

    Death due to the negligence of another person, company or organization, often the result of a motor vehicle accident. A wrongful death claim can be initiated by family of the deceased against the alleged at-fault party.

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